Stove Spare Parts Limited t/a Stove Spare Parts – Standard Terms and Conditions of Sales
Stove Spare Parts Limited t/a Stove Spare Parts is registered in Northern Ireland Our Registered Company number is: NI614552
Our Registered Office is:
Units 6 & 7 Kiltonga Industrial Estate
Belfast Road, Newtownards
Co Down, BT23 4TJ
Cheshire Office, Showroom and Warehouse:
Stove Spare Parts
Unit 5A Holmes Chapel Business Park
Manor Lane, Holmes Chapel
Cheshire, CW4 8AF
Telephone 01477 533 535
County Down Office, Showroom and Warehouses:
Stove Spare Parts
Units 6 & 7 Kiltonga Industrial Estate
Belfast Road, Newtownards
Co Down, BT23 4TJ
Telephone 028 9181 4443
Our office opening hours are:
Monday to Friday 9.30am to 5.30pm
We are closed on Saturday, Sunday and Bank Holidays
1.0 APPLICATION OF THESE TERMS & CONDITIONS
1.1 These terms and conditions apply to the sale and delivery of any goods by Stove Spare Parts to a purchaser (‘the Buyer’) unless they are inconsistent with any other express terms of agreement made between Stove Spare Parts and the Buyer in writing before the Goods are delivered. The term ‘Goods’ implies any products or services supplied by Stove Spare Parts and ‘Goods Distributor’ implies the product manufacturer or their importer or wholesale distributor(s).
1.2 No statement, description, warranty condition or recommendation contained in any written or printed communication or made verbally by any of the Agents or Employees of Stove Spare Parts shall be construed to enlarge, vary or override any of the following terms and conditions.
1.3 When placing an order with Stove Spare Parts the Buyer agrees to be bound by these terms and conditions.
2.0 OUR STATUTORY OBLIGATIONS TO YOU
2.1 These Terms and Conditions are not intended to limit or affect your statutory rights, specifically your rights under the UK’s Consumer Protection (Distance Selling) Regulations 2000. Full details of this regulation can be found on the Government’s website www.legislation.gov.uk. LINK You can also find a user-friendly interpretation of this regulation on the Citizens Advice website at www.adviceguide.org.uk.
2.2 In summary the Distance Selling Regulations say:
• You must be told the location of our business (see above)
• You must be given clear information about our Goods before you buy them.
• You must receive written information after you have bought our Goods
• You have the right to cancel your order within a 14 day cooling off period
• You have a right to have received our Goods within 30 days after you have sent us the order, unless otherwise agreed with you
• You are entitled to a refund if our Goods are not delivered within any agreed delivery date
• If no delivery date is given you are entitled to an automatic refund within 30 days of placing your order with us
• You have the right to a refund if someone has fraudulently used your payment card
• You have a right to keep unsolicited Goods that you did not ask for
3.3 We use some cookies to keep track of your input when you complete one of our online forms or when using our shopping cart. These are known as session-id cookies and this is their sole purpose. Such cookies are temporary and only remain on your device until you leave our website.
3.4 We also use basic analytics cookies, for example from Google Analytics, for simple data collection where any potentially identifiable information remains anonymous, such as counting the number of visitors to our website. Such data may be shared with our website / SEO agency to help us to improve our website content and your user experience when you visit us. Please note that Google Analytics reserve the rights to the data that it collects.
3.5 Any data that Stove Spare Parts process is only used by us or our website / SEO agency (the people who help us to build our website) and is only used by them to help us to provide you with the service that you have directly requested.
3.6 We cannot identify you personally from any of the information that we collect from our cookies.
3.10 Stove Spare Parts does not accept any liability for any cookies on other websites which link to our website or websites that we link to.
3.11 Except as specifically stated on this Stove Spare Parts website, to the fullest extent permitted at law, neither Stove Spare Parts nor any of its directors, employees or other representatives or agents will be liable for damages arising out of or in connection with the use of the website or the information, content, materials or products included on it. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
4.0 GOODS SPECIFICATIONS
4.1 Every care is taken by Stove Spare Parts to ensure that the information that we have provided to you about our Goods on this website is correct and is not misleading.
4.2 Errors or omissions shall be subject to correction without liability on the part of Stove Spare Parts.
4.3 Dimensions, technical information and performance data is supplied to us by the Goods Distributor and is reproduced on our website in good faith. However, the Buyer should note, that this information is subject to change by the Goods Distributor without prior notice to Stove Spare Parts and that any minor changes, which do not materially alter the performance of the Goods or the visual attributes of the stove, shall not be deemed as grounds for subsequently rejecting the product.
4.4 Any performance or dimensional data which is critical to your purchasing decision should be confirmed, preferably by email, with Stove Spare Parts prior to placing your order.
4.5 Where product colours are described with photographs or other visual representation these will be an approximate indication of the real colour and will be subject to shade variation during the manufacturing process, lighting during photography and product texture (eg matt or enamel finishes) as well as the limitations and variations of colour reproduction between your computer, internet enabled tablet or smart phone. Prior to placing your order, where colour or shade is critical to your purchasing decision, and depending on the individual Goods Distributor, we can provide you with a Goods Distributor’s colour swatch which will also be subject to the Goods Distributor’s terms and conditions regarding their manufacturing process colour variations. Please note, because of the limited supply of colour swatches, a small returnable deposit may be levied at our discretion to help ensure the return of some of these colour swatches and you will be advised of this charge before you proceed.
4.6 Whilst every care is taken by Stove Spare Parts with our product descriptions and specifications it is the Buyer’s sole responsibility to ensure that the Goods are suitable and fit for their intended purpose.
5.0 PRICES AND VAT
5.1 All prices shown are in GB Pounds Sterling and include VAT. For Customers in Euro zone areas who are purchasing in Sterling the exchange rate given is by your credit card company, bank or by PayPal services and is not influenced by Stove Spare Parts in anyway.
5.2 Every care is taken by Stove Spare Parts to ensure that the prices shown for our Goods on this website are correct. They are based on the Goods Distributor’s suggested retail prices (or ‘list prices’) after any discounts have been applied by Stove Spare Parts and these suggested retail prices are subject to change by the Goods Distributor without prior notice to us. Errors or omissions shall be subject to correction without liability on the part of Stove Spare Parts and we reserve the right to change any published prices at any time.
5.3 All prices shown here or quoted by Stove Spare Parts are inclusive of Value Added Tax at the VAT rate ruling at the time of the order being placed or the quotation being given and are subject to alteration to any VAT rate variation applicable at the time of the delivery.
5.4 Stove Spare Parts’ interpretation and application of any special VAT rates for particular goods, or for any VAT which is not applied to Goods deemed to be for a particular purpose under the VAT rules or for export to the Buyer are subject to any UK Government Revenue and Customs Department (HMRC) final VAT ruling and Stove Spare Parts reserves the right to subsequently charge the Buyer for unpaid VAT that HMRC deem to be applicable to the Goods.
5.5 Delivery charges may be applied to some Goods for delivery to some remote UK locations and where such charges are to be applied the Buyer will be notified by email at the time Stove Spare Parts process the order and not later than three working days after the Buyer’s order has been received by Stove Spare Parts. Stove Spare Parts will wait for confirmation that any applicable delivery charges are acceptable to the Buyer before proceeding with delivery. The Buyer can withdraw their order without liability should any additional delivery charges not be acceptable to them and any monies already paid to us for the Goods shall be processed for return to their bank account and confirmation of the refund emailed by Stove Spare Parts within one working day.
5.6 Stove Spare Parts accept on-line payment using all major credit and debit cards, including Visa, MasterCard, Delta, Switch, Maestro and no additional charge is made to the Buyer for credit card or debit card payments.
6.0 GOODS WARRANTIES
6.1 Stove Spare Parts shall at all times act in good faith in the pursuance of the Buyer’s reasonable warranty claim under the Goods Distributor’s warranty terms and conditions and subject to the Goods Distributor’s authorised agency agreement terms and conditions between Stove Spare Parts and the Goods Distributor.
6.2 Particular attention is drawn to the Goods Distributor’s warranty which will not usually cover the failure of the Goods to perform due to the Buyer burning fuels specifically prohibited by the Goods Distributor or by using fuel loads which exceed the Goods Distributor’s recommended fuel loads. Details of these strict limitations can be found in the operation manual included with the original appliance. Any subsequent spares replacements shall be deemed to fall within the limitations set out in the original Goods Distributor’s operation manual and warranty terms and conditions.
6.3 In addition, the Goods Distributor’s warranty will not usually cover the failure of the Goods to perform due to the failure of the installation of the Goods because of non-conformance to Building Regulations or good installation practice as recommended by Hetas or other Government approved competent persons schemes.
6.4 The Good’s Distributor’s warranty does not usually cover any Goods which form part of an illegal installation – i.e. an installation which does not comply with local building regulations, and/ or has not been notified to the local authority Building Control department for approval or which has not been carried out by a HETAS Registered Installer or other installer officially recognised by one of the other Government approved competent persons schemes.
6.5 The Buyer agrees that Stove Spare Parts shall act on the Buyer’s behalf in the first instance in determining the extent or validity of any reasonable claim made against the Goods Distributor under the terms and conditions of the Goods Distributor’s warranty.
6.6 The Buyer agrees that Stove Spare Parts is therefore entitled to make any reasonable requests for information from the Buyer or to examine the Buyer’s Goods to ascertain the extent or validity of the warranty claim and that the terms and conditions of the Goods Distributor’s warranty have been met by the Buyer prior to the warranty claim being forwarded by Stove Spare Parts to the Goods Distributor on behalf of the Buyer. This will normally be (but may not necessarily exclusively be) by providing proof of Building Control approval or Hetas Certificate as well as photographic evidence of the current state of the Goods and the installation of the Goods, as well as other documentary evidence such as the use of particular installation components which may be required by the Goods Distributor (eg approved flue liner) in order to comply with their warranty terms and conditions.
6.7 Failure by the Buyer to satisfy Stove Spare Parts’ reasonable requests for information required by the Goods Distributor and as set out in paragraph 6.6 will result in a warranty claim being rejected by Stove Spare Parts.
6.8 Stove Spare Parts’ decision on the validity or extent of the Buyer’s warranty claim is final and therefore Stove Spare Parts can reasonably reserve the right not to act on the Buyer’s behalf where it feels that the warranty claim is unreasonable or that the Buyer has failed to meet the terms and conditions of the Goods Distributor’s warranty.
6.9 Where a Buyer’s warranty claim has been rejected by Stove Spare Parts then no further correspondence regarding the Buyer’s warranty claim shall be entered into with the Buyer by Stove Spare Parts and the Buyer should therefore correspond directly with the Goods Distributor to pursue their warranty claim.
6.10 Where a warranty claim is forwarded to the Goods Distributor on behalf of the Buyer by Stove Spare Parts it should not be deemed by the Buyer that the warranty claim will necessarily be met in full or in part by the Goods Distributor.
6.11 Where a warranty claim is rejected in full or in part by the Goods Distributor, the Goods Distributor’s communication of this decision will be forwarded in writing by Stove Spare Parts to the Buyer within five working days and no liability shall be accepted by Stove Spare Parts for any losses whatsoever incurred by the Buyer from the failure of the Goods or from the rejection of the warranty claim by the Goods Distributor.
6.12 The Goods Distributor’s decision on all warranty claims is final.
7.0 DELIVERY AND NOTIFICATION OF DELIVERY OF GOODS
7.1 At the time of placing the order It is the Buyer’s responsibility to inform Stove Spare Parts of any potential difficulties which may be encountered by our authorised courier when they deliver the Goods. In particular our attention should be drawn to narrow lanes, steep or awkward drives, gravel paths and stairways so that we can advise the courier of these or alternatively make other arrangements with a different type of courier service. Should the Buyer fail to inform us of these potential problems and this subsequently results in an unsuccessful delivery or a re-delivery, Stove Spare Parts shall, at our discretion, be entitled to charge the Buyer any additional delivery charges at cost that the courier applies to our charges for that particular delivery.
7.2 The courier will only deliver Goods where they can comply with current Health and Safety regulations, the courier’s insurance requirements and the courier’s terms and conditions of carriage.
7.3 In line with most other courier services, specifically heavy goods, the courier is only required to deliver the Goods to the edge of the Buyer’s premises or agreed delivery address. Whilst most couriers will take the Goods beyond the edge of the Buyer’s property or delivery address it shall not be deemed by the Buyer that there is a failure of Stove Spare Parts’ delivery service should a courier not agree to do this. Should a courier agree to do this, as a good will gesture, then no liability shall be accepted by Stove Spare Parts or the courier company for any losses whatsoever incurred by the Buyer from any subsequent accidental damage howsoever caused to the Goods or the Buyer’s property or delivery address.
7.4 Where the Goods ordered by the Buyer are particularly heavy (eg wood burning stove) please be advised that it is the Buyer’s responsibility to ensure that adequate and appropriate help to move the goods is on hand should it be required to move the goods from the edge of the property.
7.5 Where a specific delivery date is given to the Buyer by Stove Spare Parts this delivery date may be subject to variation by the courier under their terms and conditions of carriage and whilst every reasonable care is taken by Stove Spare Parts to ensure a smooth delivery within the agreed delivery time, no liability shall be accepted by Stove Spare Parts or the courier company for any losses whatsoever incurred by the courier’s failure to deliver on the agreed day. To minimise any potential disruption Stove Spare Parts strongly recommend that the Buyer checks with us at the earliest opportunity on the morning of the agreed delivery day so that we can provide a tracking code or a more accurate time of delivery for the Goods.
7.6 Where a ‘signed for’ delivery date is agreed and confirmed between the Buyer and Stove Spare Parts the buyer should ensure that either the Buyer or a responsible nominated representative is available at the agreed delivery address on the delivery day to sign for the receipt of the Goods in good condition.
7.7 Where a delivery fails because either the Buyer or their responsible nominated representative is unavailable to sign for the receipt of the Goods then Stove Spare Parts reserves the right, at our discretion, to charge the Buyer any additional delivery charges at cost that the courier applies to our charges for that particular delivery and subsequent re-delivery.
7.8 The Buyer is strongly recommended not to book an installer, service or repair agent in advance of receipt of the Goods from Stove Spare Parts. Stove Spare Parts will not accept any liability for any losses howsoever incurred by the Buyer or his agent if the Goods fail to arrive prior to any agreed appointment arranged between the Buyer and his agent, howsoever the delay is caused.
8.0 DAMAGED GOODS
8.1 Upon receipt of the Goods the Buyer must take the necessary steps to satisfy themselves that the Goods have been delivered in good condition, in particular to ensure that any replacement glass is not broken, and then sign the courier’s documentation as ‘received in good condition’.
8.2 If you are not entirely satisfied that the goods are in Good condition then inform the courier and immediately inform Stove Spare Parts, preferably by telephone before the courier leaves, as they may need authorisation from us to take the Goods back with them.
8.3 Do not sign the courier’s documentation as ‘unchecked’ as liability will not be accepted by Stove Spare Parts or our courier for any transit damage subsequently discovered.
8.4 If the Goods have been damaged during delivery and Stove Spare Parts believe the situation cannot be remedied to our satisfaction by authorising another delivery of Goods or similar Goods, then we reserve the right to refund the Buyer in full for the order and to subsequently cancel that order and Stove Spare Parts will not accept any liability for any losses howsoever incurred by the Buyer due to the cancellation of the order.
9.0 SUPPLY OF GOODS AND AVAILABILITY OF GOODS
9.1 Stove Spare Parts will endeavour to deliver Goods ordered within 10 working days from receipt of the Buyer’s order. The processing of all orders are subject to payment authorisation.
9.2 Stove Spare Parts reserves the right to refuse the supply of Goods to the Buyer at its discretion and without explanation. In such instances the Buyer will be notified by email.
9.3 All orders will be confirmed within two working days
9.4 All Goods are subject to availability and may be withdrawn without prior notice at any time.
9.5 Force Majeure: Neither Stove Spare Parts or the Buyer shall be liable for any default due to any act of God, war, strikes, lock outs, accidents, fire, breakdown of plant, machinery or shortage or unavailability of raw materials from a natural source of supply.
In addition Stove Spare Parts shall be entitled to delay or cancel delivery of the Goods or to reduce the amount of Goods delivered if it is prevented from or hindered in or delayed in manufacturing, obtaining or delivering the products by normal routes or means of delivery through circumstances beyond its control.
9.6 Stove Spare Parts will not accept any liability for any losses howsoever incurred by the Buyer if the Goods are withdrawn or we are unable to supply them.
9.7 In such instances Stove Spare Parts may suggest an alternative but will not process the Buyer’s order unless written confirmation from the Buyer is received by us that the alternative Goods are acceptable to the Buyer.
9.8 In the event of any Goods being unavailable, Stove Spare Parts shall be relieved of any liability in connection with all such contracts or orders and shall not be bound to obtain or deliver Goods from any other sources.
9.9 If the Goods that Stove Spare Parts has supplied to the Buyer are not as we have specified then we will refund any monies paid to us within one working day of the transaction being cancelled and notified to us in writing by the Buyer. Stove Spare Parts will not accept any liability for any losses howsoever incurred by the Buyer for the failure of the Goods to conform to the specification.
9.10 Where there is likely to be a delay in us supplying the Goods to the Buyer (e.g. due to unavailability at the Distributor) Stove Spare Parts will email the Buyer with the option to cancel the order should the Buyer not wish to wait.
9.11 The Buyer is strongly recommended not to book an installer, service or repair agent in advance of receipt of the Goods from Stove Spare Parts. Stove Spare Parts will not accept any liability for any losses howsoever incurred by the Buyer or his agent if the Goods fail to arrive prior to any agreed appointment arranged between the Buyer and his agent, howsoever the delay is caused.
10.0 CANCELLATION OF ORDERS
10.1 Under the Distance Selling Regulations the Buyer has the right to cancel their order for any Goods purchased through the Stove Spare Parts website at any time before the Goods are dispatched, or within 14 days of receiving the Goods and for a full refund excluding the cost of return postage / courier service charge providing the Buyer has taken reasonable care of the goods whilst they are in the Buyer’s possession. The return transport for heavy or large items can be arranged with Stove Spare Parts and the reasonable costs will be deducted from the original monies paid to us. These deductions will be advised by email to the Buyer before we proceed with any pick-up of the Goods. Refunds will be processed within 1 working day, but no later than 14 days, of when the goods are received and examined by our warehouse and are deemed to be in a sellable condition by Stove Spare Parts. The Buyer may return any Goods using their own secure courier or alternatively we can offer a collection and return service.
10.2 If the Buyer wishes to cancel their order at any time later than 14 days following receipt of the Goods any refund will be at the discretion of Stove Spare Parts and may be subject to a re-stocking charge of not less 10% as well as any reasonable collection and return courier costs and only provided the Goods and their original packaging are received by Stove Spare Parts in a sellable condition. Refunds will be processed within 1 working day, but no later than 14 days, of when the goods are received and examined by our warehouse. The Buyer may return any Goods using their own secure courier or alternatively we can offer a collection and return service. The cost for return transport will be quoted on request.
10.3 Stove Spare Parts, in the first instance, must be advised in writing, preferably by email, of the cancellation of any orders.
11.0 TITLE AND RISK
11.1 Risk of damage to or loss of the Goods shall pass to the Buyer upon delivery by Stove Spare Parts or our appointed courier
11.2 Not withstanding any other provision herein, title in the Goods shall not pass to the Buyer until Stove Spare Parts has received cleared funds in full for the payment for the Goods.
12.0 YOUR SECURITY
12.1 When the Buyer’s order is placed with Stove Spare Part through our website, credit and debit card numbers are encrypted using the latest secure encryption software and sent over a secure server. Details are only decrypted after they reach our computer. They are not held in clear text on any web site.
12.3 All personal details that you supply to Stove Spare Parts are securely stored. Stove Spare Parts will endeavour to take all reasonable care, in so far as it is possible to do so, to keep all details of your order and payment secure, but, in the absence of negligence on our part, Stove Spare Parts cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when ordering through our website.
12.4 Stove Spare Parts will not disclose any of the Buyers’ information to any third parties except other than when delivery details are processed with our courier as part of the order fulfillment. In this instance, the courier will not disclose any of the Buyer’s details to any other third party.
13.0 GOVERNING LAW AND JURISDICTION
13.1 These Terms and Conditions are subject to the law of Northern Ireland. Any dispute arising out of the application of these Terms and conditions regarding a contract between Stove Spare Parts and the Buyer shall be subject to the exclusive jurisdiction of the courts of Northern Ireland.